III.13 BLM LANDS AND REALTY LAND USE ... (BLM Land Use Planning Handbook (H-1601-1, Appendix C...

Draft DRECP and EIR/EIS CHAPTER III.13. BLM LANDS AND REALTY—LAND USE AUTHORIZATIONS AND LAND TENURE

Vol. III of VI III.13-1 August 2014

III.13 BLM LANDS AND REALTY—LAND USE AUTHORIZATIONS AND LAND TENURE

A Bureau of Land Management (BLM) land use authorization permits an applicant to use a

specific piece of public land for a certain project. User-initiated proposals and applications

generate the majority of requests for land use authorizations. The BLM receives inquiries

and proposals from federal, state, and local governments, as well as from private

individuals and companies interested in either acquiring access across or locating facilities

on public land. Through Land Use Plans and Resource Management Plans (RMPs), the BLM

determines (BLM Land Use Planning Handbook (H-1601-1, Appendix C [II.E])):

Where use, occupancy, and development (such as major leases and land use

permits) may be allowed (availability determinations).

Existing and potential right-of-way (ROW) corridors (potential corridors include

existing ROW routes with the potential for at least one additional facility, and thus

can be considered a corridor if not already designated) to minimize adverse

environmental impacts and the proliferation of separate ROWs (43 Code of Federal

Regulations [CFR] 2806).

Existing and potential development areas for renewable energy projects (e.g., wind

and solar), communication sites, and other uses.

ROW avoidance or exclusion areas, or areas to be avoided but which may be

available for ROWs with special stipulations. The BLM also determines areas that

are not available for ROWs under any circumstances.

Terms and conditions that may apply to ROW corridors or development areas,

including best management practices to minimize environmental impacts and

limitations on other uses necessary to maintain the corridor and ROW values.

After BLM land use plans are complete, the decisions in that plan are implemented through

such actions as specific land use authorizations. Roads, electric transmission and

distribution lines, and telephone lines are the most common land use authorizations and

usually require a ROW grant. Other types of facilities that require land use authorizations

include water and gas pipelines, communication sites, ditches, railroads, and fiber optic

lines. In recent years, many ROW grants have been issued for the development of solar and

wind renewable energy projects. The BLM is currently considering numerous ROW grant

applications for renewable energy projects and their associated transmission lines. Section

III.13.1, Regulatory Setting, describes the laws, regulations, and policies that direct BLM as

it processes these land use authorization applications.



III.13.1 Regulatory Setting

III.13.1.1 Federal

Federal Land Policy and Management Act

The Federal Land Policy and Management Act (FLPMA) establishes public land policy and

guidelines for the administration, management, protection, development, and enhancement

of public lands. The BLM is responsible for responding to requests to develop energy

resources on BLM-administered lands in a manner that balances diverse resource use and

the long-term needs of renewable and nonrenewable energy resource development. FLPMA

Title V, Section 501, establishes BLM’s authority to grant ROWs for electricity generation,

transmission, and distribution. Title V also establishes the policies and guidelines for ROW

actions, which include the authorization to issue ROWs, general provisions, terms and

conditions, and existing ROWs. Title III, sections 302, 303, and 310, of FLPMA provide BLM

the authority to issues permits, leases, or easements to occupy or develop public lands. In

addition, to minimize adverse environmental impacts and the proliferation of separate land

use authorizations, the use of common corridors shall be required to the extent practical.

Each land use authorization shall reserve the right to grant additional land use

authorizations for compatible uses on or adjacent to the existing authorized land use

granted by the FLPMA (BLM 2001).

Energy Policy Act of 2005—Section 368 Energy Right-of-Way Corridors

Section 368 of the Energy Policy Act (PL 109-58) authorizes the following actions for the

secretaries of the departments of Commerce, Defense, Energy, and the Interior: (1)

designate corridors for oil, gas, and hydrogen pipelines, and electricity transmission and

distribution facilities on federal land in the 11 contiguous western states; (2) perform any

environmental reviews that may be required to complete the designation of such corridors;

and (3) incorporate the designated corridors into the relevant agency land use and

resource management (or equivalent) plans.

In November 2008, the Department of Energy (DOE), BLM, U.S. Forest Service (USFS),

Department of Defense (DOD), and U.S. Fish and Wildlife Service (USFWS) issued a final

West-Wide Energy Corridor Programmatic Environmental Impact Statement (PEIS) that

evaluated issues associated with the designation of energy corridors on federal lands in 11

western states. Based upon the information and analyses developed in that PEIS, the federal

agencies could amend their respective land use plans by designating as an energy corridor

one or more of the proposed energy corridors identified in the document (DOE et al. 2008).

The West-Wide Energy Corridor PEIS is described in more detail in later in this section.



Federal Register Volume 78, Number 83, Rules and Regulations – Segregation of

Lands – Renewable Energy

The BLM amended its regulations to add provisions allowing BLM to temporarily segregate

from the public land laws by publishing a Federal Register notice that includes public lands

in a pending wind or solar energy generation ROW application. The BLM can also segregate

public lands that BLM identifies for potential future wind or solar energy generation ROW

applications. The purpose of segregation is to facilitate the processing of solar and wind

energy ROW applications. Lands segregated under this rule will not be subject to

appropriation under the public land laws, including location under the Mining Law of 1872,

for up to two years from the date of publication of notice under this rule, subject to valid

existing rights. Such lands would, however, remain open under the Mineral Leasing Act of

1920 and the Materials Act of 1947. This rule went into effect in May 2013 (Federal

Register 2013).

Instruction Memorandum No. 2011-003 (Solar Energy Development Policy)

Instruction Memorandum No. 2011-003 was issued in October 2010 to update the Solar

Energy Development Policy (Instruction Memorandum 2007-097), issued on April 4, 2007.

The BLM’s policy is to facilitate the environmentally responsible development of solar energy

projects on public lands. The BLM processes and authorizes applications for solar energy

projects as ROWs under Title V of the FLPMA and Title 43, Part 2800, of the Code of Federal

Regulations (CFR). This instruction memorandum provides policy guidance on early

coordination with federal land managers and other stakeholders, the terms of solar energy

ROW authorizations, due diligence development requirements, bond coverage, best

management practices, and BLM record access. This instruction memorandum ensures

effective BLM-wide consistency in the processing of ROW applications and the management

of authorizations for solar energy development on public lands. (BLM, 2010[a])

Instruction Memorandum No. 2011-059 (National Environmental Policy Act

Compliance for Utility-Scale Renewable Energy Right-of-Way Authorizations)

Instruction Memorandum No. 2011-059 was issued in February 2011 to clarify and pro-

vide guidance regarding BLM’s National Environmental Policy Act (NEPA) policy regarding

utility-scale renewable energy ROW applications. This instruction memorandum

specifically includes direction for the development of the Purpose and Need section, project

alternatives, and impacts associated with nationally designated systems or units.

Therefore, in addition to standard NEPA regulations, the environmental analysis for all

utility-scale renewable energy ROW applications must abide by the guidance set forth in

this instruction memorandum. (BLM, 2011[a])



Instruction Memorandum No. 2011-060 (Solar and Wind Energy Applications –

Due Diligence)

Instruction Memorandum No. 2011-060 was issued in February 2011 to provide updated

guidance on the due diligence requirements of ROW applicants for solar and wind energy

development projects on BLM-administered public lands. The BLM’s policy is to facilitate

environmentally responsible development of solar and wind energy on public lands,

consistent with the provisions of Secretarial Order 3285A1 dated March 11, 2009, as

amended on February 22, 2010. However, BLM seeks to avoid ROW applications from land

speculators, which could hinder other applicants with serious interests in the potential

development of solar or wind energy resources. This concern is mitigated through the

application of qualification requirements (43 CFR 2804.12[a][5]) and 43 CFR

2804.26[a][5]). These require the timely submittal of a Plan of Development (43 CFR 2804.25),

and a project applicant is informed at the time of application that ROW applications are not

assignable interests (43 CFR 2807.21). (BLM, 2011[b])

Instruction Memorandum No. 2011-061 (Solar and Wind Energy Applications –

Pre-Application and Screening)

Instruction Memorandum No. 2011-061 was issued in February 2011 to provide updated

guidance on the review of ROW applications for solar and wind energy development

projects on BLM-administered public lands. The BLM’s policy is to facilitate

environmentally responsible development of solar and wind energy projects in accordance

with the provisions of Secretarial Order 3285A1, dated March 11, 2009, as amended on

February 22, 2010. This development must also be consistent with protection of areas and

resources of national interest, including the BLM National Landscape Conservation System,

units of the National Park System and National Forest System, national wildlife refuges, and

other specially designated areas that protect wildlife and visual, cultural, historic, or

paleontological resources. Early coordination and careful prior review of proposed

renewable energy projects with federal, state, tribal, and local government agencies will

enable BLM to identify and prioritize ROW applications with the fewest resource conflicts

and the greatest likelihood of success in the permitting process. To achieve these goals,

BLM will require all prospective applicants to schedule and participate in at least two pre-

application meetings before filing an application for solar or wind energy development.

(BLM, 2011[c])

Instruction Memorandum No. 2011-181 (Involvement of Grazing Permittee/Lessee

with Solar and Wind Energy Right-of-Way Application Process)

Instruction Memorandum No. 2011-181 was issued in September 2011 to clarify the date

when BLM Field Offices are required to notify a grazing permittee/lessee that a solar or



wind energy development application may affect a livestock grazing operation. Regulation

(43 CFR 2005 4110.4-2[b]) requires that, when public lands are disposed of or devoted to a

public purpose that precludes livestock grazing, the permittee/lessee shall be given two

years’ notice (except in cases of emergency) before the grazing permit/lease and grazing

preference can be canceled. This instruction memorandum also addresses potential miti-

gation and compensation strategies and the relationship of energy application steps/deci-

sions with grazing administrative steps/decisions. (BLM 2011[d])

Instruction Memorandum No. 2010-156 (Bald and Golden Eagle Protection Act –

Golden Eagle National Environmental Policy Act and Avian Protection Plan Guidance

for Renewable Energy)

Instruction Memorandum No. 2010-156 was issued in December 2008 to provide direction

for compliance with the Bald and Golden Eagle Protection Act, including its implementing

regulations (e.g., September 11, 2009, Eagle Rule 50 CFR parts 13 and 22) for golden

eagles, and to identify necessary steps within their habitat that ensure environmentally

responsible authorization and development of renewable energy resources. This instruc-

tion memorandum primarily addresses golden eagles since a process to acquire take per-

mits for bald eagles already exists. This instruction memorandum is applicable until the

USFWS establishes criteria for programmatic golden eagle permits. (BLM 2010[b])

Instruction Memorandum No. 2009-020 (Interim Policy on Management of Donated

Lands and Lands Acquired With Land and Water Conservation Funds)

Instruction Memorandum No. 2009-020 was issued in December 2008 to ensure that

lands acquired by BLM under donation agreements, for mitigation/compensation

purposes, or with Land and Water Conservation Funds will be managed as

avoidance/exclusion areas for land-use authorizations that could result in surface

disturbances. In addition, this memorandum was established to ensure statewide

consistency for BLM managers considering land-use authorization applications and pre-

applications in California. (BLM, 2009[a])

Instruction Memorandum No. 2009-043 (Wind Energy Development Policy)

Instruction Memorandum No. 2009-043 was issued in December 2008 to provide updated

guidance on processing ROW applications for wind energy projects on BLM-administered

public lands. This instruction memorandum further clarifies BLM wind energy development

policies and best management practices in the Wind Energy Development PEIS of June

2005. Issuance of this instruction memorandum ensures BLM-wide consistency in the

processing of ROW applications and the management of authorizations for wind energy

site testing and development. The initiation of any new planning effort to create, revise, or



amend a BLM land use plan will comply with policy provided in this instruction

memorandum. Land use planning efforts already underway will be assessed on a case-by-

case basis to determine any necessary modifications or amendments. (BLM, 2009[b])

Solar Energy Development PEIS

The Final PEIS for Solar Energy Development in Six Southwestern States was prepared by

BLM and DOE to assess the environmental impacts of developing and implementing

agency-specific programs that encourage environmentally responsible utility-scale solar

energy development in Arizona, California, Colorado, New Mexico, Nevada, and Utah. The

BLM’s selected alternative is the solar energy development program alternative, which

identifies specific locations that are well suited for utility-scale production of solar energy,

commonly referred to as Solar Energy Zones (SEZs). A SEZ is defined by BLM as an area

with few impediments to utility-scale solar production and where BLM prioritizes solar

energy and its associated transmission infrastructure. The program alternative also allows

for responsible utility-scale solar development in variance areas outside of SEZs, in

accordance with the proposed variance process. (BLM and DOE 2010)

In October 2012, BLM released the Approved Resource Management Plan Amendments/

Record of Decision (ROD), which includes the decision to implement a comprehensive solar

energy program and administer development of utility-scale solar energy resources on

BLM-administered public lands. The decision incorporates land use allocations and

programmatic and SEZ-specific design features into 89 BLM land use plans in the six-state

study area (BLM, 2012[a]).

The ROD includes two SEZs in California, both of which are within the boundaries of the

Desert Renewable Energy Conservation Plan (Plan) Area. The Imperial East SEZ consists of

5,717 acres in southeastern Imperial County near the U.S. border with Mexico. The

Riverside East SEZ consists of 147,910 acres in southeastern Riverside County. A third SEZ,

the West Chocolate Mountains in Imperial County, was created by the West Chocolate

Mountains Renewable Energy Evaluation Area ROD in August 2013. The West Chocolate

Mountains SEZ includes 10,759 acres of BLM land (BLM 2012[a]).

The BLM’s Solar Energy Plan (also known as the Western Solar Plan) was approved through

the ROD, and amended the California Desert Conservation Area (CDCA) Plan and the

Bishop and Caliente Resource Management Plans. This program allows permitting for

future solar energy development projects to proceed in a more efficient, standardized, and

environmentally responsible manner (BLM 2013[a]).



West-Wide Energy Corridor PEIS

The secretaries of the departments of Agriculture, Commerce, Defense, Energy, and the

Interior prepared the West-Wide Energy Corridor PEIS to comply with Section 368 of the

Energy Policy Act of 2005 .Two alternatives are analyzed in detail in the West-Wide Energy

Corridor PEIS. Under the No Action Alternative, no Section 368 energy corridors would be

designated on federal lands. Under the Proposed Action Alternative, designation of Section

368 energy corridors on federal land would include slightly more than 6,000 miles in the

11 western states. (BLM 2008).

In January 2009, BLM released the Approved Resource Management Plan Amendments/

Record of Decision, which designated corridors on BLM lands by amending 92 land use plans,

including the CDCA Plan and the Bishop Resource Management Plan (BLM, 2009[c]).

In July 2012 the BLM, U.S. Forest Service (USFS), and DOE entered into a settlement

agreement with various nongovernmental organizations to resolve a lawsuit brought by

the nongovernmental organizations after the agencies approved the Section 368

corridors. One of the requirements of the agreement was that BLM and USFS make future

recommendations for revisions, deletions, and additions to the Section 368 corridor

network consistent with applicable law, regulations, and agency policy and guidance and

that they would consider the following general principles in future siting

recommendations:

Corridors are thoughtfully sited to provide maximum utility and minimum impact to

the environment.

Corridors promote efficient use of the landscape for necessary development.

Appropriate and acceptable uses are defined for specific corridors.

Corridors provide connectivity to renewable energy generation to the maximum

extent possible while also considering other sources of generation, in order to

balance the renewable sources and to ensure the safety and reliability of

electricity transmission.

III.13.2 Affected Environment

This section provides a setting for existing and pending land use authorizations within the

Plan Area, which includes both wind and solar renewable energy projects and utility cor-

ridors for transmission lines. Geothermal leasing is discussed in Section III.15, Mineral

Resources. This section also describes the lands that either could be excluded or avoided

areas for land use authorizations.

http://corridoreis.anl.gov/documents/docs/Section368_Extract_EnergyPolicyAct.pdf

http://corridoreis.anl.gov/documents/docs/EnergyPolicyAct2005.pdf



III.13.2.1 Rights-of-Way for Wind and Solar Energy Development

Table III.13-1 lists authorized wind and solar project site data for developments within the

Plan Area (BLM 2013b). According to this data, there are 310,000 acres of authorized

renewable energy development and testing ROWs. The majority of this development is in

Kern County (156,000 acres) and consists of both wind energy development and wind

testing sites. Wind energy development is also dominant in San Bernardino and Imperial

counties. Solar energy developments are more prominent in Riverside County.

Table III.13-1

BLM Authorized Renewable Energy Rights-of-Way Within the Plan Area (by county)1

Project Name CACA

Number Project Type BLM Acres Imperial County

Ocotillo Express, LLC – Ocotillo Renewables

48004 Wind testing 3,000

John Deere Renewables – Milpitas 51062 Wind testing 6,000

Pattern Energy Group – Ocotillo Express

51552 Wind development 12,000

L.H. Renewables – Gold Basin 51947 Wind testing 8,000

Centinela Solar Energy Project 52092 Photovoltaic – private project with BLM transmission

20

Imperial Solar Energy Project 51642 Photovoltaic – private project with BLM transmission

20

Imperial Solar Energy Center West 51644 Photovoltaic – private project with BLM transmission

60

Campo Verde Solar Project 53151 Photovoltaic – private project with BLM transmission

20

Total BLM Authorized Renewable Energy Acres in Imperial County 68,000

Inyo County

Little Lake South Renewables 49581 Wind testing 4,000

Kern County

Cameron Ridge LLC 9501 Wind turbines 500

Oak Creek Energy – Tehachapi 13528 Wind turbines 200

Cameron Ridge LLC 13768 Wind turbines 200

Pacific Crest Power LLC 40435 Wind turbines 20

Boulevard Associates – North Sky River

47847 Wind testing 10,000

Oak Creek/Sun Creek 44611 Wind testing 2,000

Tylerhorse Canyon 45553 Wind testing 2,000

Bent Tree Wind 46978 Wind testing 500



Table III.13-1

BLM Authorized Renewable Energy Rights-of-Way Within the Plan Area (by county)1

Project Name CACA

Number Project Type BLM Acres

Southwest 47848 Wind testing 7,000

Soledad Mountain Wind 48536 Wind testing 1,000

El Paso Peaks 48948 Wind testing 8,000

Competitive Power Ventures 49547 Wind testing 44,000

Barren Ridge 51016 Wind testing 11,000

Golden Square 51335 Wind testing 600

Freeman Junction 51386 Wind testing 26,000

Pacific Wind Red Mountain 52848 Wind testing 25,000

El Paso Mountain 52477 Wind testing 18,000

Alta East 52537 Wind development 2,000

Total BLM Authorized Renewable Energy Acres in Kern County 156,000

Riverside County

Desert Sunlight 48649 Solar photovoltaic 4,000

Blythe 48811 Solar parabolic trough 7,000

NextEra-McCoy 48728 Solar photovoltaic 4,000

Genesis Solar 48880 Solar parabolic trough 2,000

Desert Harvest 49491 Solar photovoltaic 1,000

Rice Solar Energy 51022 Solar power tower – private project with BLM transmission

200

Total BLM Authorized Renewable Energy Acres in Riverside County 19,000

San Bernardino County

Ivanpah 2 48668 Solar power tower 3,000

Stateline Solar Farm 48669 Solar photovoltaic 2,000

North Peak 49255 Wind testing 15,000

Juniper Flats 51767 Wind testing 3,000

Lucerne II 51772 Wind testing 22,000

Abengoa Mojave Solar Project 52096 Solar parabolic trough – private project with BLM transmission

200

Silver Mountain Wind Energy Project 53214 Wind testing 17,000

Pacific Wind Development – Silurian Valley Wind

54021 Wind testing Not provided

Total BLM Authorized Renewable Energy Acres in San Bernardino County 63,000

Total BLM Authorized Renewable Energy Acres Within the Plan Area 310,000

Source: BLM 2013b Note: The following general rounding rules were applied to calculated values: values greater than 1,000 were rounded to nearest 1,000; values less than 1,000 and greater than 100 were rounded to the nearest 100; values of 100 or less were rounded to the nearest 10, and therefore totals may not sum due to rounding. In cases where subtotals are provided, the



subtotals and the totals are individually rounded. The totals are not a sum of the rounded subtotals; therefore, the subtotals may not sum to the total within the table. Updated information on applications and authorizations is available on the BLM website at: http://www.blm.gov/pgdata/content/ca/en/prog/energy/pendingapps.html.

III.13.2.2 Land Use Authorizations – Corridors

There are over 1,320,000 acres of BLM-designated utility corridors within the boundaries

of the Plan Area.

As discussed in Section III.13.1.1., Section 368 corridors have been designated by the West-

Wide Energy Corridor PEIS. Section 368 energy corridors are within existing utility and/or

transportation land use authorizations. There are 236,000 acres of Section 368 corridors

within the boundaries of the Plan Area.

III.13.2.3 Land Use Authorizations – Exclusion Areas

The following land use plan designations or uses may exclude land use authorizations:

Areas of Critical Environmental Concern, Desert Wildlife Management Areas, National

Landscape Conservation System units, wilderness and wilderness study areas, grazing

allotments, mineral lease areas, withdrawal areas, and recreation lands. Thousands of

acres of lands in the Plan Area are withdrawn under secretary/executive orders, acts of

Congress, and Public Land Orders. These can be for a wide variety of uses including

military, jurisdictional transfers to other agencies, and resource protection. Locations of

these withdrawals are typically identified on Master Title plats and evaluated for

compatibility with proposed land use authorizations (including renewable energy ROWs)

on a case-by-case basis.

Exclusion areas vary by land use plan. Adjustments to exclusion areas will be made through

land use planning and/or implementation action review. Additional exclusion areas could

include lands cooperatively managed with partner agencies. The BLM determines if an area

is excluded by one of these uses or designations on a case-by-case basis when an applica-

tion is received.

III.13.2.4 Land Use Authorizations for Nonrenewable Energy Uses

A wide variety of land use authorizations exist in the Plan Area that do not relate to

renewable energy or transmission lines. These major land use authorizations include roads

and highways, telephone lines, leases for recreation and public purposes, oil and gas

facilities, water and gas pipelines, water facilities, communication sites, ditches, railroads,

and fiber optic lines. Other than these major land uses, land use authorizations include

miscellaneous permits and leases such as temporary use permits, special use permits, and

mineral leases. A land use authorizations allows rights and privileges for these uses for a

http://www.blm.gov/pgdata/‌content/ca/en/prog/energy/pendingapps.html

http://www.blm.gov/pgdata/‌content/ca/en/prog/energy/pendingapps.html



specific period. These operations are considered valid existing rights and will continue to

operate under the terms of their current authorizations.

III.13.3 Land Tenure

The BLM provides for land use, purchase, exchange, donation, and sale; determines the

boundaries of federal land; and maintains historic records for these ownership

transactions. Land ownership transfers through purchase, exchange, donation, and sale are

an important component of BLM's land management strategy. The BLM completes

ownership transactions involving land and interests in land when such transactions are in

the public interest and consistent with publicly approved land use plans. The BLM’s Land

Tenure program is designed to:

Improve management of natural resources through consolidation of federal, tribal,

state, and private lands.

Increase recreational opportunities and secure public access to public lands.

Preserve open space and traditional landscapes.

Secure key property necessary to protect endangered species, promote biological

diversity, and preserve wildlife habitat and migration corridors.

Preserve archaeological, historical, and paleontological resources.

Implement specific acquisitions authorized by acts of Congress.

Allow for expansion of communities and consolidation of nonfederal land ownership.

Each of the applicable BLM land use plans includes discussions regarding land tenure. As

stated in the CDCA Plan’s Land Tenure Adjustment Element, intermingled land ownership

patterns make management difficult for BLM and other agencies. Therefore, selected land

exchanges and boundary adjustments are required to improve opportunities to use or pro-

tect lands. In particular, this element is designed to direct the acquisition and disposal of

public lands to maximize the efficiency and consistency of public land management.

The CDCA Plan further establishes a classification system that places BLM-administered

public lands within CDCA boundaries into one of four Multiple-Use Classes (C, L, M, and I),

based on the sensitivity of the resource and types of uses for each geographic area. Under

the CDCA’s Multiple-Use Class Guidelines, land disposals are not allowed on lands within

Multiple-Use Classes C, L, or I; however, land disposals are allowed within Class M and

within unclassified lands, subject to FLPMA and other applicable federal laws and reg-

ulations. Lands in Classes C, L, and I can only be sold after first changing their classification

through the plan amendment process.



Within the Plan Area, under applicable land management plans (including the Bishop and

Bakersfield RMPs) and CDCA amendments (including the West Mojave, Northern and

Eastern Mojave, Northern and Eastern Colorado plan amendments), there are goals and

objectives for the disposal and acquisition of specific lands within each plan’s boundaries.

For instance, the Bakersfield RMP identifies some parcels for potential acquisition and

disposal to advance the goals and objectives of the RMP, including providing for community

expansion (BLM 2012[b]).

III.13.4 Bureau of Land Management Renewable Energy Land Use Authorizations by Ecoregion Subarea

III.13.4.1 Cadiz Valley and Chocolate Mountains Ecoregion Subarea

III.13.4.1.1 Right-of-Way Grants for Wind and Solar Energy Development

The majority of the Cadiz Valley and Chocolate Mountains ecoregion subarea is within

eastern Riverside County. The northern portion of this ecoregion subarea is within San

Bernardino County, and the southern portion is within eastern Imperial County.

Of the BLM-authorized renewable energy ROWs presented in Table III.13-1, the following

are entirely within this ecoregion subarea:

John Deere Renewables – Milpitas

Genesis Solar LLC – Genesis Solar

NextEra-McCoy

Desert Sunlight Holdings LLC – Desert Sunlight

Palo Verde Solar I LLC – Blythe

EDF Renewable Energy – Desert Harvest Solar

III.13.4.1.2 Land Use Authorizations for Utility Corridors

There are 270,000 acres of BLM-designated utility corridors within the boundaries of this

ecoregion subarea, and 22,000 acres of Section 368 corridors within its boundaries.

III.13.4.2 Imperial Borrego Valley Ecoregion Subarea


The majority of the Imperial Borrego Valley ecoregion subarea is within Imperial County,

and a small portion of the western boundary of this ecoregion subarea is within

San Diego County.



Of the BLM-authorized renewable energy ROWs presented in Table III.13-1, the L.H.

Renewables LLC – Gold Basin, Ocotillo Express LLC – Ocotillo Renewables, and Pattern

Energy Group – Ocotillo Express are entirely within this ecoregion subarea.


There are 92,861 acres of BLM-designated utility corridors within the boundaries of the

ecoregion subarea and 22,968 acres of Section 368 corridors within its boundaries.

III.13.4.3 Kingston and Funeral Mountains Ecoregion Subarea


The northern portion of the Kingston and Funeral Mountains ecoregion subarea is within

Inyo County, and the southern portion of this ecoregion subarea is within San Bernardino

County. Of the BLM-authorized renewable energy ROWs presented in Table III.13-1, the

Solar Partners I – Ivanpah 2 and Stateline Solar facilities are entirely within this

ecoregion subarea.


There are 119,000 acres of BLM-designated utility corridors within the boundaries of the

ecoregion subarea and 19,000 acres of Section 368 corridors within its boundaries.

III.13.4.4 Mojave and Silurian Valley Ecoregion Subarea


The Mojave and Silurian Valley ecoregion subarea is almost entirely within San Bernardino

County, except for a small portion of the western boundary that is within Kern County. Of

the BLM-authorized renewable energy ROWs presented in Table III.13-1, the Pacific Wind

Development – Silurian Valley Wind is entirely within this ecoregion subarea.


There are over 191,000 acres of BLM-designated utility corridors within the boundaries of

the ecoregion subarea and over 29,000 acres of Section 368 corridors within the

boundaries of the ecoregion subarea.

III.13.4.5 Owens River Valley Ecoregion Subarea


The Owens River Valley ecoregion subarea is entirely within the western side of Inyo

County. Of the verified BLM renewable energy ROWs presented in Table III.13-1, the Little

Lake South Renewables LLC – Little Lake N facility is entirely within the ecoregion subarea.




There are over 27,000 acres of BLM-designated utility corridors within the boundaries of the

ecoregion subarea, and almost 22,000 acres of Section 368 corridors within its boundaries.

III.13.4.6 Panamint Death Valley Ecoregion Subarea


The northern portion of the Panamint Death Valley ecoregion subarea is within Inyo

County; and the southern portion is within San Bernardino County, with a small portion of

the southwestern boundary within Kern County.

Of the BLM-authorized renewable energy ROWs in Table III.13-1, the Renewergy LLC – El

Paso Peaks facility is entirely within this ecoregion subarea. The Wind Energy Inc. – El Paso

Mountain facility is partially within both this ecoregion subarea and the West Mojave and

Eastern Slopes ecoregion subarea.


There are over 13,000 acres of BLM-designated utility corridors within the boundaries of the

ecoregion subarea and almost 1,300 acres of Section 368 corridors within its boundaries.

III.13.4.7 Pinto Lucerne Valley and Eastern Slopes Ecoregion Subarea


The majority of the Pinto Lucerne Valley and Eastern Slopes ecoregion subarea is within

San Bernardino County, and a portion of the south end is within Riverside County.

Of the verified BLM renewable energy ROWs shown in Table III.13-1, the following are

entirely within this ecoregion subarea:

North Peak Wind Testing

Del Sur Wind Energy LLC – Juniper Flats

Of the BLM-authorized renewable energy ROWs presented in Table III.13-1, the Del Sur

Wind Energy LLC – Lucerne II facility is partially within this ecoregion subarea, as well as

the West Mojave and Eastern Slopes ecoregion subarea. The Silver Mountain Wind Energy

Project LLC facility is partially within this ecoregion subarea, as well as the West Mojave

and Eastern Slopes ecoregion subarea.




There are over 113,000 acres of BLM-designated utility corridors within the boundaries

of the ecoregion subarea and approximately 11,000 acres of Section 368 corridors within

its boundaries.

III.13.4.8 Piute Valley and Sacramento Mountains Ecoregion Subarea


The Piute Valley and Sacramento Mountains ecoregion subarea is entirely within the south-

eastern area of San Bernardino County. There are no authorized renewable energy ROWs

in this ecoregion subarea.


There are over 111,000 acres of BLM-designated utility corridors within the boundaries


its boundaries.

III.13.4.9 Providence and Bullion Mountains Ecoregion Subarea


The Providence and Bullion Mountains ecoregion subarea is entirely within San Bernardino

County. None of the authorized BLM renewable energy ROWs presented in Table III.13-1

are within this ecoregion subarea.


There are almost 230,000 acres of BLM-designated utility corridors within the boundaries


its boundaries.

III.13.4.10 West Mojave and Eastern Slopes Ecoregion Subarea


The West Mojave and Eastern Slopes ecoregion subarea is within Kern, Los Angeles, and

San Bernardino counties, with a small portion within Inyo County.



Of the verified BLM renewable energy ROWs presented in Table III.13-1, the following are

entirely within this ecoregion subarea:

Alta Windpower Development LLC – Alta East

Competitive Power Ventures LLC – Saltdale

Rising Tree Wind Farm LLC

Sierra Renewables, Pearsonville

Alta Windpower Dev. LLC – Oak Creek/Sun Creek

Oak Creek Energy – Southwest

Oak Creek Energy – Tehachapi

Renewergy LLC – El Paso Peaks

Oak Creek Energy – Soledad Mountain

Boulevard Associates – North Sky River

Pacific Crest Power LLC

Cameron Ridge LLC

Cameron Ridge LLC

Tylerhorse Canyon

Barren Ridge

L.H. Renewables – Freeman Junction

Alta Wind 1 – Golden Square

Wind Energy Inc. – El Paso Mountain

Pacific Wind Red Mountain

Bent Tree Wind

Silver Mountain Wind Energy Project LLC

In addition, the Silver Mountain Wind Energy Project LLC facility is partially within this eco-

region subarea, as well as the Pinto Lucerne Valley and Eastern Slopes ecoregion subarea.


There are almost 154,000 acres of BLM-designated utility corridors within the

boundaries of the ecoregion subarea and over 50,000 acres of Section 368 corridors

within its boundaries.



III.13.5 Affected Environment for the Natural Community Conservation Plan

The affected environment for the Natural Community Conservation Plan (NCCP) is the

same as that described for the entire Plan Area. While there are both DOD and tribal lands

within the Plan boundaries, the Plan does not analyze the effects on these lands; so they are

not included in the description of the affected environment.

III.13.6 Affected Environment for the General Conservation Plan

The affected environment for the General Conservation Plan (GCP) includes a subset of lands

covered by plan-wide analysis and the NCCP. In addition to DOD and tribal lands, the GCP

also excludes all other federal lands (e.g., BLM-administered public lands and national parks).

Because the GCP excludes all federal lands, it is not addressed in BLM Lands and Realty.

III.13.7 Bureau of Land Management Lands and Realty – Outside the Plan Area

III.13.7.1 Transmission

The transmission corridors outside of the Plan Area include four geographic areas: San

Diego, Los Angeles, North Palm Springs–Riverside, and the Central Valley.


As stated in Section III.13.2, the renewable energy ROW grants include sites for both wind

and solar development and utility corridors. Based on data provided by BLM, Table III.13-1

shows the authorized wind and solar project sites within the Plan Area (BLM 2013[b]).

There are BLM-authorized renewable energy ROWs near the boundaries of the Plan Area.

No BLM ROWs are located near transmission corridors in the Central Valley area. The

locations of authorized ROWs within the San Diego, Los Angeles, and North Palm Springs–

Riverside areas are described in the following sections.

III.13.7.1.1.1 San Diego Area

Five ROW sites designated for wind energy development are in the vicinity of transmission

corridors in the San Diego area. Two sites would be traversed by the transmission line

corridor, and one site would be approximately 3.5 miles south of a transmission line

corridor. Two other sites are in the center of San Diego County, approximately 13 to 17

miles north of the closest transmission line corridor.



III.13.7.1.1.2 Los Angeles Area

One BLM ROW site designated for wind energy development would be traversed by the

transmission line corridor under one alternative in the Los Angeles area. This ROW site is

west of Vincent Substation, approximately 4 miles west of the Plan Area boundary. Three

major transmission lines are in the immediate vicinity.

III.13.7.1.1.3 North Palm Springs–Riverside Area

Ten ROW sites are within the North Palm Springs–Riverside area. Two ROW sites would be

traversed by transmission corridors, and the other eight sites would be within 2 miles of

transmission line corridors. Of these sites, nine are designated for wind energy development

and one site is designated for solar energy development. This cluster of ROW sites is in the

north central part of Riverside County along the western edge of the Plan Area boundary; the

distance from the Plan Area varies from 5 to 11 miles west of the boundary.


The land use authorizations consist of BLM utility corridors and Section 368 corridors

extending outside of the Plan Area, as described in the following sections.

III.13.7.1.2.1 BLM Utility Corridors

In the North Palm Springs–Riverside area, a utility corridor extends approximately 70

miles west from the western boundary of the Cadiz Valley and Chocolate Mountains eco-

region subarea. At the northern border of Riverside County, a small portion of a utility cor-

ridor extends approximately 2 miles south of the southern boundary of the Pinto Lucerne

Valley and Eastern Slopes ecoregion subarea. At the southern border of Riverside County, a

small portion of a utility corridor extends approximately 10 miles northwest from a corri-

dor in the Imperial Borrego Valley ecoregion subarea. These BLM utility corridors would all

align with proposed transmission line corridors.

III.13.7.1.2.2 Section 368 Corridors

San Diego Area

A Section 368 corridor extends approximately 9 miles from the southwestern

boundary of the Imperial Borrego Valley ecoregion subarea through both Imperial and

San Diego counties. A corridor is also located to the west along Highway 8 and is

approximately 30 miles long. These Section 368 corridors would align with proposed

transmission line corridor.



Los Angeles Area

Two Section 368 corridors extend from the southern boundary of the West Mojave and

Eastern Slopes ecoregion subarea:

An approximately 15-mile corridor extends in a southwest direction from the

southwest boundary of this ecoregion subarea near the Antelope Substation. This

Section 368 corridor would not align with any of the proposed transmission cor-

ridor alternatives.

An approximately 20-mile corridor extends in a southwest direction from the south-

ern boundary of this ecoregion subarea near the Vincent Substation. This Section

368 corridor would follow a transmission line corridor.

North Palm Springs–Riverside Area

In San Bernardino County, an approximately 13-mile Section 368 corridor extends in a

southeast direction from the southeastern boundary of the West Mojave and Eastern

Slopes ecoregion subarea near the Lugo Substation. This Section 368 corridor would gene-

rally align with proposed transmission line corridors.

In Riverside County, a Section 368 corridor extends approximately 57 miles west from the

western boundary of the Cadiz Valley and Chocolate Mountains ecoregion subarea. This

Section 368 corridor would align with proposed transmission line corridors.

III.13.7.1.3 Land Use Authorizations for Exclusion Areas

The following land use plan designations may be excluded: ACECs, Desert Wildlife

Management areas, NLCS units, wilderness and wilderness study areas, grazing allotments,

mineral lease areas, withdrawal areas, and recreation lands. The BLM determines if an area

is excluded by one of these uses or designations on a case-by-case basis when an

application is received.

III.13.7.2 BLM LUPA Decisions – Out of Plan Area

The boundaries of the CDCA Plan do not align with the boundaries of the Plan Area. The fol-

lowing are the CDCA-designated lands outside of the Plan Area:

Approximately 180,770 acres north of the northern boundary of the Panamint

Death Valley ecoregion subarea

Approximately 477,330 acres surrounding the Panamint Death Valley and Owens

River Valley ecoregion subareas



Approximately 300,000 acres in Riverside County, south of the Pinto Lucerne

Valley and Eastern Slopes ecoregion subarea, west of the Cadiz Valley and

Chocolate Mountains ecoregion subarea, and north of the Imperial Borrego Valley

ecoregion subarea

Approximately 75,850 acres west of the Imperial Borrego Valley ecoregion subarea

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III.13 BLM LANDS AND REALTY LAND USE ... (BLM Land Use Planning Handbook (H-1601-1, Appendix C...

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